Development & Environmental Services Committee Agenda...2019/12/10  · The proposal is considered...

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A Quality Rural Lifestyle - in a vibrant, caring and sustainable community Development & Environmental Services Committee Agenda 10 December 2019

Transcript of Development & Environmental Services Committee Agenda...2019/12/10  · The proposal is considered...

Page 1: Development & Environmental Services Committee Agenda...2019/12/10  · The proposal is considered appropriate having regard to the site context and suitability, the likely social,

A Quality Rural Lifestyle - in a vibrant, caring and sustainable community

Development &

Environmental Services

Committee Agenda

10 December 2019

Page 2: Development & Environmental Services Committee Agenda...2019/12/10  · The proposal is considered appropriate having regard to the site context and suitability, the likely social,

To All Councillors You are hereby notified that the next meeting of the Development & Environmental Services Committee will be held on 10 December 2019 in the Barry Rose Room at 10.00am, for the purpose of transacting the undermentioned business. This meeting will be audio recorded and those in attendance should refrain from making any defamatory statements. There are to be no other recordings of this meeting without the prior authorisation of the committee. The Development & Environmental Services Committee consists of

Cr Kiwa Fisher (Chair), Cr Sue Abbott, Cr Ron Campbell and Cr Lee Watts.

STEVE MCDONALD

GENERAL MANAGER

1. APOLOGIES 2. DECLARATIONS OF INTEREST 3. PUBLIC PARTICIPATION 4. SITE INSPECTIONS 5. BUSINESS ITEMS

DEVELOPMENT & ENVIRONMENTAL SERVICES COMMITTEE REPORTS .......................... 1

DESC.12.1 PLANNING PROPOSAL 1/2019 ..................................................................................... 1 6. COUNCILLOR QUESTIONS

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Report To Development & Environmental Services Committee 10 December 2019

Environmental & Community Services

Upper Hunter Shire Council – Development & Environmental Services Committee Agenda – 10 December 2019 Page 1

Development & Environmental Services Committee Reports

DESC.12.1 PLANNING PROPOSAL 1/2019

RESPONSIBLE OFFICER: Mathew Pringle - Director Environmental & Community Services

AUTHOR: Paul Smith - Senior Environmental Planner Development & Environmental Services

PURPOSE Planning Proposal 1/2019 proposes to amend the Upper Hunter Local Environmental Plan 2013 to enable Lot 22 DP 1235763, 2912 New England Highway, Scone to be developed as a highway service centre and warehouse or distribution centre.

RECOMMENDATION That Council:

1. Support Planning Proposal 1/2019 to amend the Upper Hunter Local Environmental Plan 2013 to enable Lot 22 DP 1235763, No. 2912 New England Highway, Scone to be used for the purpose of a highway service centre and warehouse or distribution centre.

2. Forward the planning proposal to the NSW Minister for Planning for a gateway determination pursuant to Section 3.34 of the Environmental Planning and Assessment Act 1979.

BACKGROUND Applicant: TFA Project Group Owners: S W and R E Murdoch Proposal: Rezoning Application - Zone R1 General Residential to Zone IN2 Light

Industrial Property: Lot 22 DP 1235763, No. 2912 New England Highway, Scone On 17 April 2019 Council received an application to amend to the Upper Hunter Local Environmental Plan 2013 to rezone Lot 22 DP 1235763, No. 2912 New England Highway, Scone from Zone R1 General Residential to Zone IN2 Light Industrial. Based on this application a draft Planning Proposal has been prepared. REPORT/PROPOSAL The objective of the draft Planning Proposal (refer to Attachment 1) is to amend the Upper Hunter Local Environmental Plan 2013 to enable the establishment of a highway service centre and warehouse or distribution centre at Lot 22 DP 1235763 New England Highway, Scone

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Report To Development & Environmental Services Committee 10 December 2019

Environmental & Community Services

Upper Hunter Shire Council – Development & Environmental Services Committee Agenda – 10 December 2019 Page 2

The land subject to this planning proposal is located adjacent to the existing industrial estate to the north of Scone between the New England Highway and rail corridor and comprises a total area of approximately 2.49 hectares. The land has a very gentle gradient of approximately 2% falling to the west. Surrounding land uses include industrial land to the north, vacant residential zoned land to the south, the saleyards to the east and primary production land to the west. At present the site fronts the New England Highway, where the Scone Bypass is currently under construction. In the future on completion of the bypass the site will have access to a local road running approximately parallel to the highway. The site is currently zoned R1 General Residential under the Upper Hunter Local Environmental Plan 2013. Development for the purposes of a highway service centre is prohibited within the R1 zone. The planning proposal intends to enable the development of the site for the purpose of a highway service centre comprising:

Service station (including truck and car refuel areas)

Fast food and dining restaurant

Caravan parking area

Truck parking area

“Distribution centre/cold storage” premises on the eastern portion of the lot. A concept plan for the possible future development of the site is provided in Annexure 2 of the Planning Proposal. There are two (2) options available to Council for achieving the intent of the planning proposal as follows:

1) to amend the zoning of the subject land to IN2 Light Industrial. The proposed land uses are permissible in this zone; or

2) to identify the proposed use of the land as an additional permitted use pursuant to Clause 2.5 of the Upper Hunter LEP 2013.

Option 1 would create the potential for a range of other possible uses that may not be appropriate given the close proximity of the site to residential zoned land. It is therefore recommended that Option 2 is more appropriate for the site for achieving the main objectives of establishing the highway service centre and warehouse or distribution centre. OPTIONS 1. Accept the recommendation that Council:

i. Support Planning Proposal 1/2019 to amend the Upper Hunter Local Environmental Plan 2013 to enable Lot 22 DP 1235763, No. 2912 New England Highway, Scone to be used for the purpose of a highway service centre and warehouse or distribution centre.

ii. Forward the planning proposal to the NSW Minister for Planning for a gateway determination pursuant to Section 3.34 of the Environmental Planning and Assessment Act 1979.

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Report To Development & Environmental Services Committee 10 December 2019

Environmental & Community Services

Upper Hunter Shire Council – Development & Environmental Services Committee Agenda – 10 December 2019 Page 3

2. Not support Planning Proposal 1/2019 to amend the Upper Hunter Local Environmental Plan 2013 for valid reasons.

CONSULTATION To date, preliminary consultation has been undertaken with the NSW Roads and Maritime Services which has raised no objection to the rezoning. The RMS responses are provided in Annexure 3 of the Planning Proposal. STRATEGIC LINKS a. Community Strategic Plan 2027 This report links to the Community Strategic Plan 2027 as follows: Goal 4 – Plan for a Sustainable future.

CS13 “Implement and regularly review Strategic Land Use Plans, Environmental Planning Instruments and Development Control Plans, which reflect the needs and expectations of the broad community”

Goal 5 – A sustainable and prosperous economy.

CS19 “Encourage retail and commercial business to locate and prosper within our Shire”

CS20 “Encourage and support innovative industry and a diversity of businesses that

provide a range of services and employment opportunities for current and future generations”

We are working to achieve the following Community Priorities:

b. Delivery Program

Assessment of planning applications.

Preparation of planning proposals, traffic studies and associated management plans.

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Report To Development & Environmental Services Committee 10 December 2019

Environmental & Community Services

Upper Hunter Shire Council – Development & Environmental Services Committee Agenda – 10 December 2019 Page 4

c. Other Plans The Upper Hunter Land Use Strategy 2017 recognises that the role and function of Scone’s existing town centre (Kelly Street) is expected to change when highway traffic is diverted around the town via the Scone Bypass. This may also lead to pressure for commercial developments along the new bypass corridor. The Strategy supports precinct-level planning to establish priorities for planning and development controls (Direction 2.2).

The Land Use Strategy identifies Area 2 at the southern end of the bypass as a priority investigation area to respond to the influence of the Scone Bypass on the town centre and to provide opportunities for employment generating uses in and around the town centre. Area 2 may be capable of providing up to 10ha of land for a mix of tourism and/or commercial uses. The proponent of the current rezoning did consider the feasibility of developing a highway service centre in Area 2 but found that the grade separation between the current New England Highway and the bypass would be problematic as it would not enable the most convenient and direct access to a proposed service centre. Based on the information provided to date, Lot 22 DP 1235763 is considered to be more suitable for a highway service centre and warehouse or distribution centre. IMPLICATIONS a. Policy and Procedural Implications Nil b. Financial Implications Nil c. Legislative Implications Section 3.31 of the Environmental Planning and Assessment Act 1979 provides that a local plan-making authority (which can be a Council) may make environmental planning instruments for the purpose of environmental planning. Section 3.34 of the Act provides after preparing a planning proposal, the planning proposal authority may forward it to the Minister. d. Risk Implications Nil e. Other Implications Nil

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Report To Development & Environmental Services Committee 10 December 2019

Environmental & Community Services

Upper Hunter Shire Council – Development & Environmental Services Committee Agenda – 10 December 2019 Page 5

CONCLUSION The planning proposal has been assessed as satisfactory against the Upper Hunter Land Use Strategy 2017, the Hunter Regional Plan, applicable State Environmental Planning Policies and the relevant Ministerial Directions under Section 9.1 of the Environmental Planning and Assessment Act 1979. The proposal is considered appropriate having regard to the site context and suitability, the likely social, economic and environmental impacts and the interests of the broader community. For the above reasons, the planning proposal should proceed.

ATTACHMENTS

1 Planning Proposal 1/2019 - Rezone Lot 22 DP 1235763, New England Highway Scone

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ATTACHMENT NO: 1 - PLANNING PROPOSAL 1/2019 - REZONE LOT 22 DP 1235763, NEW ENGLAND HIGHWAY SCONE

ITEM NO: DESC.12.1

Upper Hunter Shire Council – Development & Environmental Services Committee Agenda – 10 December 2019 Page 6

PLANNING PROPOSAL

Amendment to the Upper Hunter Local Environmental Plan 2013

Planning Proposal 1/2019 – Proposed Amendment to Upper Hunter Local Environmental Plan 2013. Lot 22 DP 1235763, New England Highway Scone

Version 01

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ATTACHMENT NO: 1 - PLANNING PROPOSAL 1/2019 - REZONE LOT 22 DP 1235763, NEW ENGLAND HIGHWAY SCONE

ITEM NO: DESC.12.1

Upper Hunter Shire Council – Development & Environmental Services Committee Agenda – 10 December 2019 Page 7

PART 1: OBJECTIVES AND BACKGROUND

The objective of this planning proposal is to amend the Upper Hunter Local Environmental Plan 2013 to enable the establishment of a highway service centre and warehouse or distribution centres premises at Lot 22 DP 1235763 New England Highway, Scone The land that is the subject of this planning proposal is located adjacent to the existing industrial estate to the north of Scone between the New England Highway and rail corridor and comprises a total area of approximately 2.49 hectares. The land has a very gentle gradient of approximately 2% falling to the west. Surrounding land uses include industrial land to the north, vacant residential zoned land to the south (45 lot residential subdivision has been approved), the saleyards to the east and primary production land to the west. A present the site fronts the New England Highway, where the Scone Bypass is currently under construction. In the future on completion of the bypass the site will have access to a local road running approximately parallel to the highway. The land that is the subject of this planning proposal is identified in Annexure 1 at the back of this report. The site is currently zoned R1 General Residential under the Upper Hunter Local Environmental Plan 2013. Development for the purposes of a highway service centre is prohibited within the R1 zone. The planning proposal intends to enable the development of the site for the purpose of a highway service centre comprising:

Service station (including truck and car refuel areas)

Fast food and dining restaurant

Caravan parking area

Truck parking area

“Distribution centre/cold storage” There are two (2) options available to Council for achieving the intent of the planning proposal as follows:

1) to amend the zoning of the subject land to IN2 Light Industrial. The proposed land uses are permissible in this zone; or

2) to identify the proposed use of the land as an additional permitted use pursuant to Clause 2.5 of the Upper Hunter LEP 2013.

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ATTACHMENT NO: 1 - PLANNING PROPOSAL 1/2019 - REZONE LOT 22 DP 1235763, NEW ENGLAND HIGHWAY SCONE

ITEM NO: DESC.12.1

Upper Hunter Shire Council – Development & Environmental Services Committee Agenda – 10 December 2019 Page 8

PART 2: EXPLANATION OF PROVISIONS

In order to achieve the objective of this planning proposal the Upper Hunter Local Environmental Plan 2013 could be amended by one of the following two ways: Option 1

Rezone the subject land to Zone IN2 Light Industrial as follows:

Zone IN2 Light Industrial

1 Objectives of zone

• To provide a wide range of light industrial, warehouse and related land uses.

• To encourage employment opportunities and to support the viability of centres.

• To minimise any adverse effect of industry on other land uses.

• To enable other land uses that provide facilities or services to meet the day to day needs of workers in the area.

• To support and protect industrial land for industrial uses.

2 Permitted without consent

Environmental protection works

3 Permitted with consent

Boat building and repair facilities; Boat launching ramps; Car parks; Cemeteries; Community facilities; Correctional centres; Crematoria; Depots; Educational establishments; Electricity generating works; Emergency services facilities; Environmental facilities; Flood mitigation works; Freight transport facilities; Funeral homes; Garden centres; Hardware and building supplies; Health services facilities; Helipads; Heliports; Highway service centres; Industrial retail outlets; Industrial training facilities; Industries; Information and education facilities; Jetties; Kiosks; Landscaping material supplies; Light industries; Mortuaries; Neighbourhood shops; Office premises; Oyster aquaculture; Passenger transport facilities; Places of public worship; Plant nurseries; Public administration buildings; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Research stations; Restricted premises; Roads; Rural supplies; Service stations; Sex services premises; Signage; Specialised retail premises; Storage premises; Take away food and drink premises; Tank-based aquaculture; Timber yards; Transport depots; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Vehicle sales or hire premises; Warehouse or distribution centres; Water recreation structures; Water supply systems; Wharf or boating facilities; Wholesale supplies

4 Prohibited

Pond-based aquaculture; Any development not specified in item 2 or 3

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ATTACHMENT NO: 1 - PLANNING PROPOSAL 1/2019 - REZONE LOT 22 DP 1235763, NEW ENGLAND HIGHWAY SCONE

ITEM NO: DESC.12.1

Upper Hunter Shire Council – Development & Environmental Services Committee Agenda – 10 December 2019 Page 9

Under Option 1, the Land Zoning Map Sheet LZN_008A would need to be amended to show the revised zoning of the land as IN2 Light Industrial. In addition, the following LEP maps should be amended to ensure appropriate development standards are in place to minimise impacts on the surrounding area and to ensure consistency with the development standards typically applied to the IN2 zone.

Floor Space Ratio Map (Sheet FSR_008A) to provide for a maximum floor space ratio of 1:1; and

Height of Buildings Map (Sheet HOB_008A) to provide for a maximum building height of 10 metres.

OR Option 2 Include highway service centre as an additional permitted use of the land in Schedule 1 of the Upper Hunter LEP 2013 as follows:

9 Use of certain land at New England Highway, Scone

(1) This clause applies to land at New England Highway, Scone, being Lot 22 DP 1235763.

(2) Development for the purpose of a highway service centre and warehouse or distribution centre is permitted with development consent.

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ATTACHMENT NO: 1 - PLANNING PROPOSAL 1/2019 - REZONE LOT 22 DP 1235763, NEW ENGLAND HIGHWAY SCONE

ITEM NO: DESC.12.1

Upper Hunter Shire Council – Development & Environmental Services Committee Agenda – 10 December 2019 Page 10

PART 3: JUSTIFICATION

In accordance with the Department of Planning and Environment’s Guide to Preparing Planning Proposals, this section provides a response to the following issues:

Section A: Need for proposal

Section B: Policy Context

Section C: Potential Environmental, Social and Economic Impact; and

Section D: Other Government Interests

SECTION A – NEED FOR THE PLANNING PROPOSAL

1. Is the planning proposal the result of any strategic study?

The planning proposal is not the result of any strategic study. The Upper Hunter Land Use Strategy 2017 recognises that the role and function of Scone’s existing town centre (Kelly Street) is expected to change when highway traffic is diverted around the town via the Scone Bypass. This may also lead to pressure for commercial developments along the new bypass corridor. The Strategy supports precinct-level planning to establish priorities for planning and development controls (Direction 2.2). One of the strategic actions of Direction 2.2 is to review the potential and demand for commercial development potential along the proposed Scone bypass route and develop a strategy for responding to rezoning requests prior to the completion of the bypass, particularly at the northern and southern intersection accesses to the town. This strategy is yet to be developed by Council. The Land Use Strategy identifies Area 2 at the southern end of the bypass as a priority investigation area to respond to the influence of the Scone Bypass on the town centre and to provide opportunities for employment generating uses in and around the town centre. Area 2 may be capable of providing up to 10ha of land for a mix of tourism and/or commercial uses. The proponent of the current rezoning did consider the feasibility of developing a highway service centre in Area 2 but found that the grade separation between the current New England Highway and the bypass would be problematic as it would not enable the most convenient and direct access to a proposed service centre. Council is currently considering a similar planning proposal to enable the land to be used for a highway service centre and motel adjacent to the St Aubins Street off-ramp of the Scone Bypass. Notwithstanding site is significantly constrained by flood risk, amenity impacts on surrounding residential uses and access from the bypass (based on RMS advice). The proponent contends that the proposed intersection at Lot 22 DP 1235763, New England Highway provides a more suitable location for the establishment of a highway service centre. 2. Is the planning proposal the best means of achieving the objectives or intended outcomes,

or is there a better way?

As noted previously, this planning proposal considers two options for achieving the objectives. Option 1 Rezoning the subject land to Zone IN2 Light Industrial would enable development of the land for the purpose of a highway service centre, however, it would also enable a range of other land uses that may be less undesirable in this location such as industries, depots and industrial retail outlets that do not necessarily service highway users and could conflict with the adjoining residential uses to the south. Furthermore according to the Land and Housing Supply Monitor (as updated at 2018), the adjacent Scone Business Park has area of 34ha, with a 325 theoretical lot potential (15 lots have been constructed to date). In this regard there is sufficient IN2 Light Industrial zoned land in Scone and given the low rate of lot development, additional areas are not required at this time. Option 2

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ATTACHMENT NO: 1 - PLANNING PROPOSAL 1/2019 - REZONE LOT 22 DP 1235763, NEW ENGLAND HIGHWAY SCONE

ITEM NO: DESC.12.1

Upper Hunter Shire Council – Development & Environmental Services Committee Agenda – 10 December 2019 Page 11

An alternative way of achieving the objective of this planning proposal is to identify highway service centre as an additional permitted use of the land in Schedule 1 of the Upper Hunter LEP 2013. This option would mean that the land would continue to be zoned R1 General Residential and the uses currently permitted on the land would continue to be permitted. However, a highway service centre and bulky goods retail/distribution centre would also be permitted with consent. In view of the above, should the planning proposal be supported by Council, Option 2 is the preferred option to achieve the objectives of the proposal.

3. Is there a community benefit? The planning proposal will essentially create the potential for the site to be developed as a highway service centre. This has the potential to offer facilities to the travelling public in terms of fuel, food and a rest stop, particularly for heavy vehicles and long vehicles. The development is also likely to generate employment for the Scone township.

SECTION B –RELATIONSHIP TO STRATEGIC PLANNING FRAMEWORK 4. Is the planning proposal consistent with the objectives and actions contained within the

applicable regional or sub-regional strategy?

It is considered that the proposal is consistent with Direction 4: ‘Enhance inter-regional linkages to support economic growth’, and Direction 23: ‘Grow centres and renewal corridors’ of the Hunter Regional Plan 2036. In relation to Direction 4, the Scone Bypass will enhance inter-regional transport connections to support economic growth whilst contributing to greater efficiency of the New England Highway which is a nationally significant transport corridor. The planning proposal will facilitate development that would build on the opportunity provided by the new bypass to the economic benefit of Scone. The proposal is consistent with Direction 23 as it will support the long-term viability of Scone as a strategic centre of the Upper Hunter region. The proposal will lead to development that is likely to generate employment opportunities to support a growing population and will contribute to local economic growth. 5. Is the planning proposal consistent with the local Council’s Community Strategic Plan, or

other local strategic plan? The planning proposal is consistent with the following Community Strategies of Goal 4 – Plan for a sustainable future and Goal 5 – A sustainable and prosperous economy: CS13 “Implement and regularly review Strategic Land Use Plans, Environmental Planning Instruments and

Development Control Plans, which reflect the needs and expectations of the broad community”

CS19 “Encourage retail and commercial business to locate and prosper within our Shire” CS20 “Encourage and support innovative industry and a diversity of businesses that provide a range of

services and employment opportunities for current and future generations”

6. Is the planning proposal consistent with applicable State Environmental Planning Policies? The State Environmental Planning Policies (SEPPs) that are relevant to this planning proposal are outlined below.

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ATTACHMENT NO: 1 - PLANNING PROPOSAL 1/2019 - REZONE LOT 22 DP 1235763, NEW ENGLAND HIGHWAY SCONE

ITEM NO: DESC.12.1

Upper Hunter Shire Council – Development & Environmental Services Committee Agenda – 10 December 2019 Page 12

Relevant SEPP Consistency of Planning Proposal

SEPP No 55 Remediation of Land Historically, the land has been used predominantly for rural (grazing). Council is aware that part of the land was recently unlawfully used in association with the limestone separating plant that is on Lot 107 DP 1184051. Council understand based on information provided by Stoneco Pty Ltd that the operation involves refining the already crushed limestone by removing metal material using magnetic separation. Currently part of the site is being used by Daracon as a works depot. It is unclear about what specific activities have taken place on this site, however it is assumed that they have the potential to cause contamination. It is therefore recommended that should the rezoning proceed, a detailed site investigation would need to be carried out to confirm any base line contamination levels in accordance with the Upper Hunter Contaminated Lands Policy 2017.

SEPP (Infrastructure) 2007 The planning proposal will facilitate traffic generating development as prescribed by Schedule 3 of the SEPP. In accordance with Clause 104 of the SEPP, the consent authority, before determining a development application for the highway service centre and motel, must: (a) give written notice of the application to RMS

within 7 days after the application is made, and

(b) take into consideration: (i) any submission that RMS provides in

response to that notice within 21 days after the notice was given (unless, before the 21 days have passed, RMS advises that it will not be making a submission), and

(ii) the accessibility of the site concerned, including: (A) the efficiency of movement of people

and freight to and from the site and the extent of multi-purpose trips, and

(B) the potential to minimise the need for travel by car and to maximise movement of freight in containers or bulk freight by rail, and

(iii) any potential traffic safety, road congestion or parking implications of the development.

Preliminary advice from the NSW Department of Planning and Environment is that early consultation with the RMS should be undertaken. The proposal was referred to the RMS on 7 June 2019 and then again on 18 October 2019 along with the requested documentation. The RMS provided a final response on 21 November 2019 (for to Annexure 3) raising no objection to the rezoning (notwithstanding further assessment will be required in relation to any future development application).

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ATTACHMENT NO: 1 - PLANNING PROPOSAL 1/2019 - REZONE LOT 22 DP 1235763, NEW ENGLAND HIGHWAY SCONE

ITEM NO: DESC.12.1

Upper Hunter Shire Council – Development & Environmental Services Committee Agenda – 10 December 2019 Page 13

Relevant SEPP Consistency of Planning Proposal

SEPP No. 33 Hazardous and Offensive Development

The establishment of a service station will require an assessment of the proposal under SEPP 33. This would be submitted as documentation with a future development application for a highway service centre.

7. Is the planning proposal consistent with applicable Ministerial Directions (s.9.1 Directions)?

Each s9.1 Ministerial Direction is listed below with an annotation stating whether it is relevant to the Planning Proposal and confirming consistency.

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ATTACHMENT NO: 1 - PLANNING PROPOSAL 1/2019 - REZONE LOT 22 DP 1235763, NEW ENGLAND HIGHWAY SCONE

ITEM NO: DESC.12.1

Upper Hunter Shire Council – Development & Environmental Services Committee Agenda – 10 December 2019 Page 14

s.9.1 Direction Title Applies Consistency of Planning Proposal

1.1 Business and Industrial Zones Yes Direction 1.1 is not strictly relevant to the planning proposal (Option 2) as it will not affect land within an existing or proposed business or industrial zone. The proposal does not intend to change the R1 zoning of the land but rather allow the establishment of a highway service centre on the land as an additional permitted use. Notwithstanding, the planning proposal is not inconsistent with the objectives of Direction 1.1 as the proposal will encourage employment growth in a suitable location, is unlikely to significantly impact on employment land in business and industrial zones and will support the viability of Scone as a strategic centre by capturing passing trade that may otherwise bypass Scone. It is noted that the proposal is not in accordance with a strategy that is approved by the Secretary of the Department of Planning & Environment. However, the inconsistency with this particular term of the direction is considered to be of minor significance.

1.2 Rural Zones No Not Applicable

1.3 Mining, Petroleum Production and Extractive Industries

NA Not Applicable

1.4 Oyster Aquaculture NA Not Applicable

1.5 Rural Lands No Not Applicable

2.1 Environment Protection Zones NA Not Applicable

2.2 Coastal Protection NA Not Applicable

2.3 Heritage Conservation NA Not Applicable

2.4 Recreation Vehicle Areas NA Not Applicable

3.1 Residential Zones NA No Applicable

3.2 Caravan Parks and Manufactured Home Estates

NA Not Applicable

3.3 Home Occupations NA Not Applicable

3.4 Integrating Land Use and transport NA Not Applicable

3.5 Development Near Licensed Aerodromes

NA Not Applicable

4.1 Acid Sulfate Soils NA Not Applicable

4.2 Mine Subsidence and Unstable Land NA Not Applicable

4.3 Flood Prone Land No Not Applicable

4.4 Planning for Bushfire Protection NA Not Applicable

5.1 Implementation of Regional Strategies NA Not Applicable

5.2 Sydney Drinking Water Catchments NA Not Applicable

5.3 Farmland of State and Regional Significance on the NSW Far North Coast

NA Not Applicable

5.4 Commercial and Retail Development along the Pacific Highway, North Coast

NA Not Applicable

5.9 North West Rail Link Corridor Strategy NA Not Applicable

5.10 Implementation of Regional Plans Yes The planning proposal is consistent with the Hunter Regional Plan as discussed in Section B4 of this planning proposal report.

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ATTACHMENT NO: 1 - PLANNING PROPOSAL 1/2019 - REZONE LOT 22 DP 1235763, NEW ENGLAND HIGHWAY SCONE

ITEM NO: DESC.12.1

Upper Hunter Shire Council – Development & Environmental Services Committee Agenda – 10 December 2019 Page 15

s.9.1 Direction Title Applies Consistency of Planning Proposal

6.1 Approval and Referral Requirements NA Not Applicable

6.2 Reserving Land for Public Purposes NA Not Applicable

6.3 Site Specific Provisions Yes The planning proposal is consistent with the terms of Direction 6.3 as it will allow a land use without imposing any development standards or requirements in addition to those already contained in the Upper Hunter LEP 2013.

7.1 Implementation of the Metropolitan Strategy

NA Not Applicable

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ATTACHMENT NO: 1 - PLANNING PROPOSAL 1/2019 - REZONE LOT 22 DP 1235763, NEW ENGLAND HIGHWAY SCONE

ITEM NO: DESC.12.1

Upper Hunter Shire Council – Development & Environmental Services Committee Agenda – 10 December 2019 Page 16

SECTION C – ENVIRONMENTAL, SOCIAL AND ECONOMIC IMPACT

8. Is there any likelihood that critical habitat or threatened species, populations or ecological communities, or their habitats, will be adversely affected as a result of the proposal?

It is unlikely that the proposal will adversely affect any critical habitat, threatened species, populations or ecological communities or their habitats. The land does not include or comprise critical habitat or lay within a conservation area under the meaning of an environmental planning instrument or any proposed environmental instrument applying to the land. As previously discussed the site is currently being used as a storage facility/depot for the Scone Bypass project and as such is significantly disturbed.

9. Are there any other environmental effects as a result of the planning proposal and how are they proposed to be managed?

There will be a range of environmental impacts associated with future development of the site including noise, traffic, lighting, visual, stormwater and minor vegetation removal. A more detailed assessment of the likely impacts of the development will be undertaken at the development application stage. Noise The development of the site as a highway service centre has the potential to generate noise that could impact on surrounding land uses. At present the nearest residential building is approximately 150m north-west and then another approximately 260m south. As discussed Council has approved a 45 lot residential subdivision on adjoining land (Lot 20 and 21 DP 1235763) (Development Consent No. 157/2015). However the landowner has recently submitted a development application (DA 39/2019) for the same land for a five lot residential subdivision. In this regard there are likely to be dwelling houses on this adjoining land that could be affected by noise from the highway service centre and the warehouse or distribution centre. The proponent will be required to provide an appropriate acoustic impact assessment as part of any future development application for the highway service centre and the warehouse or distribution centre. Traffic The proposed use as a highway service centre and warehouse or distribution centre is likely to generate significant amount of traffic to the site. Access to the land will be from the two-way access road that will connect Kelly Street to Makybe Diva Street. Traffic from the New England Highway would gain access via the turning lanes and access road from the Bypass (as shown in Figure 1).

Figure 2. Scone Bypass in relation to the site of the proposed Highway Service Centre

The Planning Proposal was referred to the NSW Roads and Maritime Services (RMS) on 11 June 2019 for preliminary advice. The RMS advised that the information is currently insufficient to make an informed decision about the planning proposal. The following documentation will therefore need to be submitted should Council support the planning proposal:

Road Safety Audit

Intersection modelling to confirm delay times, queue lengths and performance of the bypass with Kelly Street

Traffic Impact Assessment – prepared in accordance with the Guide to Traffic Generating Developments 2002.

Consideration of the suitability of the site to provide parking for 30 metre PBS 2B heavy vehicles

Consideration of the location of the heavy vehicle parking area, in regards to the proximity to noise

Subject Site

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generating impacts for resting heavy vehicle drivers, including the surrounding land uses (though currently vacant).

Environmental, social and economic impacts

Stormwater The proposal was referred to the RMS on 7 June 2019 and then again on 18 October 2019 along with the requested documentation. The RMS provided final response on 21 November 2019 (refer to RMS letters in Annexure 3) raising no objection to the rezoning.

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Stormwater Drainage The development will result in large areas of hard surfaces – buildings, roofs, internal roads and parking areas, and as such has the potential to generate stormwater. At this stage a stormwater management strategy has not been developed for the site. It is recommended that further details in relation to stormwater management are provided as part of any development application in relation to:

Sedimentation and erosion controls to be implemented during the construction phase of the development.

water quality and runoff from areas exposed to fuel dispensers and refuelling points to be conveyed to a proprietary device to provide hydrocarbon removal. Clean runoff is then to be discharged to the stormwater system.

Water Sensitive Urban Design Amenity The development has the potential for adverse amenity impacts. Extensive landscaping and screening is proposed over the front of the site. Proposed landscaping details are incorporated in the landscape plans accompanying the planning proposal.

10. How has the planning proposal adequately addressed any social and economic effects?

The proposal is expected to generate positive social and economic effects. The planning proposal provides for growth of the ‘Scone North’ light industrial area by providing an additional uses for the purpose of a highway service centre. The proposed additional use will contribute to the diversification of the Upper Hunter Region’s economy by adding to the supply of land with highway frontage within the Scone township.

SECTION D – COMMONWEALTH AND STATE INTERESTS 11. Is there adequate public infrastructure for the planning proposal? The land subject to the planning proposal is serviced by public infrastructure, including local roads, power, water, sewerage and telephone. It is expected that major upgrades to existing infrastructure will be required to service future development on the land.

12. What are the views of State and Commonwealth public authorities consulted in accordance

with the Gateway determination? Relevant State and Commonwealth public authorities will be consulted in accordance with any Gateway determination should the proposal be supported.

PART 5: COMMUNITY CONSULTATION It is recommended that the planning proposal be placed on public exhibition for at least 28 days prior to Council making a decision on whether it supports the planning proposal and forwards the proposal to the NSW Minister for Planning for a gateway determination.

PART 6: PROJECT TIMELINE The project timeline in respect of the planning proposal is provided in the following diagram. The anticipated timeframe for the proposed amendment to the Upper Hunter Local Environmental Plan 2013 from submission of the proposal to NSW Planning and Environment to gazettal of the LEP amendment is ten (10) months.

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PROJECT TIMELINE

December

2019 January 2020

February 2020

March 2020

April 2020 May 2020 June 2020 July 2020 August 2020

September 2020

STAGE 1 Report to Council

STAGE 2 Submit Planning Proposal to NSW Planning & Environment

STAGE 3 Anticipated commencement date (Gateway Determination)

STAGE 4 Consultation – Community/ Public Authorities

STAGE 5 Review / consideration of submissions to public exhibition

STAGE 6 Report to Council

STAGE 7 Finalise the Local Environmental Plan using Minister’s plan making delegations.

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ATTACHMENT NO: 1 - PLANNING PROPOSAL 1/2019 - REZONE LOT 22 DP 1235763, NEW ENGLAND HIGHWAY SCONE

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Annexure 1: Locality and Site Map

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Annexure 2: Concept Plan for Future Site Development

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Annexure 3: Submission: NSW Roads and Maritime Services

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